Simone Lawson
The Indian Constitution is the world's lengthiest written constitution for a sovereign nation, reflecting the country's diverse historical struggles, philosophical ideals, and societal aspirations. It is a comprehensive and detailed document that establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. The constitution grants fundamental rights to all citizens, outlines the organisation and powers of government institutions, and ensures a single integrated system of courts with an independent judiciary. It is also the world's most frequently amended national governing document, demonstrating its adaptability to the changing needs of the country. This unique constitution, with its blend of rigidity and flexibility, is the result of a careful drafting process by the Constituent Assembly, which borrowed and adapted features from various sources to suit India's specific context and aspirations.
Explore related products
What You'll Learn
The Indian Constitution is the world's lengthiest written constitution
The length of the Indian Constitution can be attributed to several factors. Firstly, India is a diverse country with a range of cultural and regional differences. The constitution aims to accommodate this diversity and provide a single framework for the entire nation. Additionally, the constitution needed to cater to both the central government and the individual states, each with its own unique needs and requirements. The presence of legal experts and luminaries in the Constituent Assembly also contributed to the comprehensive nature of the document.
The Indian Constitution is a quasi-federal constitution, which means that the central government has the power to override state powers if necessary. This is in contrast to strictly federal constitutions, such as that of the United States, where state laws are primarily applied by state courts and federal laws by federal courts. The Indian Constitution provides for a single integrated system of courts, with the Supreme Court of India at the apex, followed by the High Courts in each state or group of states. This is different from other federal court systems, where there is a clearer separation between state and federal laws and courts.
The Indian Constitution also has a unique feature of providing for a single citizenship practice, which has been adopted from the British Constitution. In India, there is only central citizenship at the country level, and not at the state level, unlike in other federations. This means that all citizens of India, regardless of the state in which they reside, enjoy the same political and civil rights across the country, without any discrimination. This is in contrast to countries like the United States, which allow for dual citizenship at the federal and state levels.
The Indian Constitution is also known for its blend of rigidity and flexibility. While it is a rigid constitution in that it requires a special procedure for its amendment, it is also flexible in that it has been amended frequently to address the specific needs and changing circumstances of the nation. The constitution has had more than 100 amendments since it was enacted, making it the world's most frequently amended national governing document. This blend of rigidity and flexibility ensures that the constitution remains relevant and adaptable while also providing a stable framework for the nation.
Amendments to the Indian Constitution: A Comprehensive Overview
You may want to see also
It is a blend of rigidity and flexibility
The Indian Constitution is the world's lengthiest written constitution for a sovereign nation, with 145,000 words. It is a very comprehensive and detailed document, which accommodates the vast diversity of the country, and acts as a single constitution for both the central government and the states. It is also the world's most frequently amended national governing document, with over 100 amendments since it was enacted.
The Indian Constitution is a blend of rigidity and flexibility. It is rigid in the sense that it requires a special procedure for its amendment. However, it is also flexible in that it can be amended in the same manner as ordinary laws are made. This blend of rigidity and flexibility allows the constitution to be amended when necessary, while also ensuring that the basic structure and framework remain intact.
The constitution's framers borrowed features from the legislation of other countries, including the Government of India Acts of 1858 and 1935, the Indian Independence Act of 1947, and the constitutions of more than sixty other countries. This borrowing was not mere copying but a way to make the constitution precise and useful, ensuring that the rights and duties of citizens are properly abided by.
The Indian Constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a Parliamentary form of government. It is the supreme legal authority, binding the legislative, executive, and judicial organs of government. It grants all citizens Fundamental Rights and empowers the judiciary to invalidate legislations or government actions that violate the constitution. The constitution also contains provisions for emergency situations, allowing the President to meet any extraordinary situation effectively.
The Indian Constitution's blend of rigidity and flexibility has allowed it to be amended frequently while also maintaining its basic structure and framework. This blend has contributed to the constitution's ability to accommodate the diverse needs of the country while also providing a stable framework for governance.
Constitution Club of India: Membership Secrets Revealed
You may want to see also
It establishes a single integrated system of courts
The Indian Constitution establishes a single integrated system of courts, which is a unique feature of the country's judiciary. This means that, despite the federal system and the existence of Union and State Acts, the Indian Constitution provides for a unified court system that administers both Union and State laws. This is in contrast to other federal court systems, such as in the United States, where state courts primarily apply state law, and federal courts mainly apply federal law.
The Indian Constitution's single integrated system of courts is structured with the Supreme Court of India at the apex of the judicial system. The Supreme Court is led by the Chief Justice of India and includes up to 33 other Judges appointed by the President of India. These Judges are citizens of India, and they are either current or former High Court Judges or distinguished jurists. The Supreme Court's administrative wing is known as the Registry, which is divided into two main parts: the Administration and the Judicial. The Chief Justice of India has the exclusive power to determine the work structure of the Court and the Registry.
Below the Supreme Court are the High Courts, which are located in each State or group of States. The High Courts are directly constituted by the national constitution and have the power to establish lower courts under their control. These lower courts include District Courts, which are the principal civil courts of original jurisdiction, and Village/Panchayat Courts, which decide civil and criminal disputes of a petty and local nature. Each State is divided into judicial districts presided over by a District and Sessions Judge.
The single integrated system of courts in India ensures that all cases, whether dealing with federal or state laws, move up the same judicial hierarchy. This system, sometimes referred to as integrated federalism, allows for a more streamlined and efficient judicial process. It also ensures that the judiciary remains independent and unaffected by pressure from other branches of the state, citizens, or interest groups. The independence of the judiciary is further strengthened by the fact that a Supreme Court Judge cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority.
Strategies for IAS Exam: Reading India's Constitution
You may want to see also
Explore related products
It grants all citizens fundamental rights
The Indian Constitution is the supreme legal authority, establishing India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. It grants all citizens fundamental rights and empowers the judiciary to invalidate any legislation or government action that violates the Constitution. The judiciary protects the fundamental rights of the people enshrined in the Constitution from infringement by any state body. The Constitution also ensures that citizens' rights and duties are properly abided by.
The Indian Constitution adopts universal adult franchise as the basis of elections to the Lok Sabha and the State Legislative Assemblies. Every citizen who is 18 or older has the right to vote without discrimination based on caste, race, religion, sex, literacy, wealth, etc. This is an important aspect of the single citizenship principle, where all citizens, regardless of the state in which they are born or reside, enjoy the same political and civil rights across the country.
The Indian Constitution establishes certain independent bodies that are seen as essential to the democratic system of government in India. The independence of the judiciary is part of the basic structure of the Constitution, and it cannot be changed by the legislature or the executive. The Supreme Court of India, at the apex of the judicial system, is empowered to declare parliamentary laws unconstitutional through its power of judicial review. The Constitution also contains provisions for the appointment of ad-hoc judges and retired judges.
The Indian Constitution is the lengthiest written constitution in the world, consisting of about 145,000 words. It is very comprehensive and detailed, accommodating the vast diversity of the country, with a single constitution for both the Centre and States. The Constitution also includes treaty-making as part of the executive power given to the President.
Tribal Sovereignty and the US Constitution: Who's in Charge?
You may want to see also
It establishes India as a sovereign socialist secular democratic republic
The Indian Constitution is the lengthiest written constitution in the world. It is a comprehensive and detailed document that accommodates the vast diversity of the country and serves as the supreme law, guiding the state's functioning and ensuring citizens' rights and responsibilities. The Constitution establishes India as a sovereign, socialist, secular, democratic republic with a parliamentary form of government.
The term “sovereign” implies that India is an independent state, free to govern itself without external interference. It signifies India's departure from its colonial past and its status as a free nation when the Constitution came into effect in 1950. India's sovereignty is further emphasised by its single citizenship principle, which grants all citizens, irrespective of their state of birth or residence, equal political and civil rights across the country.
The Indian Constitution does not define "socialist", but the Directive Principles of State Policy in Part IV embody a socialist character. This philosophy prioritises the welfare of society over individual interests, and India has adopted democratic socialism, where the public and private sectors coexist for the nation's welfare.
The inclusion of the term "secular" in the Constitution signifies that India is not a theocratic state and does not have an official religion. Secularism, in the Indian context, implies that all religions are equal in the eyes of the state, and it guarantees freedom of conscience and religion for its citizens.
As a democratic republic, India has adopted parliamentary democracy, where citizens directly elect the members of the Lok Sabha. The Constitution provides for universal adult franchise, granting every citizen over the age of 18 the right to vote without discrimination based on caste, race, religion, sex, or literacy, among other factors. It ensures political democracy and also strives for social and economic democracy through its directive principles of state policy.
The Indian Constitution: Handwritten Copies and Their Significance
You may want to see also
Frequently asked questions
The Indian Constitution is the lengthiest written constitution in the world, allowing it to be a very comprehensive and detailed document that can accommodate the vast diversity of the country. It establishes a clear framework for the relationship between the populace and the government, outlining the structure and duties of the government’s three branches: the Executive, Legislative, and Judicial. It also grants all citizens Fundamental Rights and empowers the judiciary to invalidate legislations or government actions that violate the Constitution.
The Indian Constitution is a written document with well-defined provisions, while the British Constitution is unwritten, based on conventions and political traditions. The Indian Constitution is also more amendable than the British Constitution, which has a unitary character, with all powers of the government vested in the British Parliament.
Both India and France have written constitutions, elected heads of state, and are republics. Both constitutions can be changed with a supermajority, with France requiring a 60% majority.
![Constitution of the Sons of England Benefit Society under the Jurisdiction of the Supreme Lodge, with Power to Establish and Operate Lodges in All Parts of the British Empire : 1910 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
